Voice of the Free Press: Accountability is a simple issue

May 16, 2011

This is a simple issue. Lawmakers must take the opportunity before them this session to make simple changes to the state's open records law that can have a decisive impact on government transparency.

The lawmakers must focus on this goal: greater accountability. They owe this accountability to Vermonters. The changes they need to make are simple.

The Legislature must significantly reduce the 230 exceptions to the state's public records and meeting laws. The Legislature must create a system under which government officials face real consequences for a pattern of behavior that goes against public accountability.

Recent events show how closed-door government that lacks accountability hurts the broad interest of Vermonters.

Legislative and administration leaders last session worked up a deal behind closed doors and jammed into law the misguided Pete the Moose amendment that favors one business over the public interest.

Local governments conduct too much public business in executive session. In Burlington, officials kept financial problems at a city enterprise from the public. The scandal has drawn the attention of state and federal law enforcement and left the taxpayers with a $17 million "debit."

Last year, the state education commissioner proposed to meet behind closed doors to discuss ways to reduce school spending under Challenges for Change. The meetings were opened to the public in response to fierce public opposition to the secrecy.

The list goes on.

The Legislature must create serious disincentives for civil servants and elected officials who would act against the public's right to open government. Legislators must find a way to move toward a more open government in Vermont.

An open records bill before the House Government Operations Committee, H. 73, provides the opportunity to make the needed changes, but the bill needs work.

The bill must require judges to award legal costs to those who have been denied access to public records then later prevail in a court. Few individuals on their own can afford to fight a government unafraid to throw its legal wait against the people at taxpayer expense.

The bill would define "personal privacy" to include "any information that might subject the person to embarrassment, harassment, disgrace, or loss of employment of friends." The vague language could be used to hide misconduct by a public official who acts against the public interest yet falls short of breaking the law. Anything that hides accountability should be stricken from the law.

The key to progress is to avoid the all-or-nothing mentality and set aside provisions that would hold up what is necessary and doable. Lawmakers must focus on advancing open government and eliminating barriers to access. This year's work is only a down payment on the promise for more transparency made by many public officials in the last election.

This is a simple issue. There is no accountability in government without access and transparency.